HomeMy WebLinkAbout1986-07-15 Public hearing5
NOTICE OF PUBLIC WMNG OF INTENT
TO DISPOSE CF CITY PROPERTY
TO MM IT MY CONOERN:
You and each of you are hereby notified that the
City Council of the City of Iove City, has hereto-
fore adapted and agrwed Tdasolution No. 86-209
declaring the City's intent to dispose of the fol-
lowing -described City RnPerty:
Colneming at the northwest corner of Lot
4, Block 65, Original Tan of Iowa City,
Johnson County, Iowa, according to the
recOnded plat dweof; thence north
'W'OD" east, au'e! bearing, along
the southerly right -of -my line of Washing-
ton Sbwt, 60.28 feet to the point of
beginning; thence south OD003102" west
110.26 feet; thence south 89043136" Pest
1.50 feet; thence north 00003'02" east
36.26 feet; thence south 89043136" west
2.50 feet; thence 00003102" east 18.0 feet;
thence north 89043'36" west 2.50 feet;
thence north OD003'02" east 56.0 feet;
thence north 90100'00" east, an assuned
bearing, along the southerly right -of -my
line of %shington Street, 1.50 feet, to
the point of beginning.
The City intends to dispose of said property by
corweyirg the sane to %wkeye-Bay States Ltd. Part-
nashiP for $3,000. You are firther notified that a
Public hearing On said rtetta will be held by the
City Council of the City of Iam City, Iowe, at its
regular meeting to be held at 7:30 pm. on the 15th
day of July, 1986, in the City Council Owbers in
the Civic Carter, 410 E. kbshingtm Street, Iowa
City, fob, at which time and place all persons
interested in said Matta will be given an opportu-
nity to be head.
hWR M Mm, CITY CLERK
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NOTICE OF FUBLIC HEARING
ON PROPOSAL TO LEASE CITY PROPERTY
10 WHEM IT MAY MUM:
You and each of you are hereby notified that the
City Council of the City of Ione City, lawn, has
heretofore adopted and approved Resolution No. 86-
18 , proposing to lease City -awned properTy—
kram
as the Union Bus Depot, located at 404 East
College Street, none particularly described as
follows: .
The south 70 feet of Lot 5 in Block 43, and the
south 70 feet of the west 10 feet of Lot 6 in
Block 43 in Ian City, Johnson County, Iowa,
according to the recorded plat thereof,
by leasing same to Bobby J. and Karen K. Rmw for
an initial term of tin years for an initial rental
of $507.29 per north, with three two-year renewal
options.
You are further notified that a public hearing an
said proposal will be held by the City Council of
the City of Ion City, Ian, at its regular meeting
to be held at 7:30 o'clock p.m. on the 15th day of
July, 1986, in the City Council Chambers in the
Civic Center, 410 E. Washington Street, Iowa City,
Iowa, at iwhich time and place all persons interested
in said natter will be given an opportunity to be
heard.
MARIAN K. KARR, CM CLERK
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GB�G Ti s/ C
TO M IT NOTICE OF RMLIC FEARING
iMy COrraj:
Notice is hereby given that the City Council of
the City of I" City, Ime, will hold a public
hearing during its regular meeting to be held at
M. on Tuesday, Jul 1 19M,in the City
Council
Crbers at the Civic Cener. 410 Fast
" ington Street in lam City, upon Ore proposal
petition of Iowa -Illinois Gas and Electric
dopt
¢�ng gas and elthat the �tricof lVA frarxhi the CordiOY
for a period of 15 years, Mrith petition and fran.
chise ardi
Insp
Public nspeectido are now en file and available for
on in the office of the City Clerk.
Said public having will also be held upon a pro-
Posed public utilities regulatory a'dirwKe, Vhidn
is also now on file in the office of the City Clerk.
said Persons inteested in sPrassing their views en
Pied ordinances onY appear at said having
and Y Present oral ar Witten torments.
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First Capitol Development, Inc.
P.O. Box 2567
Aa
Iowa City, Iowa 52244 O D
(319)354-3939
JUL 10 1986
July 10, 1986
City Council
City of Iowa City
410 East Washington St.
Iowa City, Iowa 52240
Dear Councilpersons:
CITY CLERK T
As public review of the proposed Iowa -Illinois franchise
agreement approaches, it seems appropriate to share our
perspective of the role of the franchise in long term develop-
ment efforts we are pursuing.
Experience with major prospects who have considered Iowa City
over the past 24 months as an alternative for expansion or
location would suggest that a positive vote on a franchise of at
least 15 years in length is important to the city. Careful
examination of the enclosed location criteria published by
General Motors seems, in our judgment, to support that
conclusion.
1. Long term stability and reliability of service is a critical
factor in location analysis. (Short term franchises or rates
potentially influenced by "election swings" are not attractive
to industries dependent upon electric power.)
2. The ability of the utility to project and amortize capital
investment costs over a long period of time has a direct
influence on the willingness to assume risks for essential
new services and/or equipment.
3. The commitment of a franchise conveys a confidence factor
to existing industries concerned with increased productivity
or profitability which might be influenced by utility costs
or reliability.
4. There will undoubtedly be numerous demands in the future for
investment of public funds to sustain services which private
investors are far less likely to support. Private investors
currently committed to investor-owned utilities represent an
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indirect source of capital to support city services which
should be retained. Direct capital investment capacity of
public funds may be more urgently needed in other areas leas
attractive to private investors.
In short, the franchise agreement represents a very strategic
long term investment for all residents of the City. I urge your
,support.
Sincerely,
P o'i•en
&i
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SITE SPECIFIC SELECTION AND DEVELOPMENT CRITERIA
This section will outline the Principal features to be consid•_red
in selecting and evaluating utility suppliers. Not all utilities ,,ill
meet all criteria, and it will obviously be necessary to mzF:e
trade-offs in light of site-specific considerations. General criteria
applicable to all utilities are outlined first; followed by specific
items of importance to each type of utility.
It is important that, to the extent possible, all supply
arrangements and major contract items be agreed to before'a final site
selection is made. This is especial
suppliers. ly true for those services to be
supplied by municipal, cooperative, or other unregulated type
General criteria
The major factors applicable to all utilities are:
- The utility should be financially healthy; that is, it should
be able to meet its current and prospective debt obligations,
and be able to raise new capital on reasonable terms.
- The utility should have adequate site specific capacity
available in place to serve GM's initial and future
requirements, or be able to meet the requirements in a
satisfactory manner.
- The utility should have a demonstrated record of supplying
service at an acceptable level of reliability, availabilit,
predictability, and economics. y
- The GM load should not be a disproportionate share of the
total system (preferably less than 20%) with no more than
5-10% preferred.
- Utility personnel should have a demonstrated technical
competence to supply the services required.
- The utility should have a reasonably balanced customer load
mix including residential, commercial, and industrial
customers.
- Private, invester-owned and commission regulated suppliers are
preferred although unregulated suppliers are acceptable for
water and wastewater. In general, electric and gas suppliers
should be regulated, private, investor owned utilities.
- Both the utility and the regulatory authority as applicable
should have a demonstrated record of applying cost -of -service
principles in establishing rates.
- The rate levels should be reasonable, both currently and as
forecasted.
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Where service is supplied by a municipality, co-op, or
unregulated supplier, there should be a formal evidentiary
hearing procedure ih place for proposed. changes in rates or
conditions of service, so that GM can express its position
prior to any changes.
utility should not be used as a source of revenue to
finance other operations, nor should its operations be
financed from other sources.
In general, a single source producer, supplier, and
distributor supply arrangement is preferred, in lieu of a
multiple producer, supplier, and distributor arrangement. j
_Specific Criteria
The following major factors are applicable to the specific types
Of utility suppliers noted: j
Electric Utilities I
The following are features of particular importance in selecting
an electric utility (regulation assumed):
t
The primary, base fuel sources should be coal and established, F
reliable nuclear plants and not high cost £ue is (i.e.,
gas/oil) subject to curtailment and interruption.
- The utility should not be engaged in constructing a troubled
generating plant, and should not have large amounts of capital {
invested in facilities which have been abandoned or are about
to be abandoned.
- The utility should not have an impending large rate increase
(unless there is reasonable assurance that there will be a
phase-in plan adopted).
- The costing philosophy of both the utility and the regulating
authority should be cost of service based; that is, alloca-
tions of fixed costs should not be done on an energy basis.
- The rate design policy should be reasonable, 'to the extent
that rates reasonably reflect costs.
Reserve margin should be adequate to accommodate some growth
and/or retirements of old capacity.
Rate levels, current and projected, should be reasonably
competitive with other well-managed electric utilities, such
as AEP or Duke Electric, if possible.
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Natural Gas suppliers
The following features are of particular
a natural gas supplier. importance in selecting
-•"The utility should have adequate long-term supply contracts,
preferably with two or more pipelines.
- There should be no (or low) dependence on LNG as a supply
source.
- The pricing policy should be cost based;
that i
of Y nor the regulatory authorityshould fo neither thllow eing
ice pricing policies, such as Oil paritypricinng. value
- The utility should have reasonable transportation rates
available. {
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- Diversification in the utility's supply sources should be as
broad as possible.
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Water_ Supplier�
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The following features are of particular i
selecting a water supplier: mportance in
- There should not be a major expansion underway or expected.
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- The utility should be in compliance with all applicable
environmental standards and should not be under any
environmentally related constraints or have environmentally
related water source problems.
The existing rate structure should be adequate in light of the
quantity of service required, or the supplier should be
willing to negotiate a cost-based rate and enter into a
contract_
The utility should operate on an enterprise account basis and
should charge for services on the basis of a rate schedule as
opposed to payment or recovery of costs from other sources or
through ad valorem or other taxes.
Leakage should not be more than perhaps 208 of the total
system gallons pumped.
Wastewater
The following features are of particular importance in selecting
the utility to provide wastewater treatment:
There should be no major expansion underway or expected.
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10 - 2/27/85
- The utility should be in compliance with all applicable
environmental standards and not be under an EPA consent order
to meet environmental related constraints.
- The existing rate structure should be adequate in light of the
: quantity of services required, or the utility should be
willing to negotiate a cost -based rate including hydraulic and
effluent aspects, and enter into a contract.
- The utility should operate on an enterprise account basis and
should charge for services on the basis of a rate schedule as
opposed to payment or recovery of costs from other sources or
through ad valorem or other taxes.
- Infiltration and "irnflow should not be a major - problem for the
utility and should be no more than 20% of the total system
inflow treated.
- Pollution -strength criteria should not be too stringent
vis-a-vis anticipated production processes at the GM facility.
- The utility should consider allowing pre-treatment credits for I
low -strength BOD and SS levels.
- The utility should not be a recipient of the grant system '
under the 1972 Water Pollution Control Act. !"
- The utility should not have significant customer loads that
periodically disrupt or interfere with the biological ;
treatment processes. 1 j
Steam Supplier
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The following matters are of particular importance with respect
to a steam supply:
The utility power plant which will generate the steam should
be located nearby.
The power plant fuel should be coal or another low cost fuel
and have a demonstrated record of reliability.
It should be possible to return condensate to the Plant with
an appropriate allowance.
- The utility power plant should have been designed to supply
steam, or have boiler capacity in excess of that required to
operate the plant at its rated electrical output, available on
a first contingency, firm basis.
- If steam service is not regulated, there should be will'i'ngness
to negotiate rates and enter into a reasonable, cost of
service contract.
- Supply of steam must be a viable business operation (i.e.,
enterprise account) for the utility.
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13030 Renfro Circle
Omaha, Nebraska 68137
402/895.2050
0 Millard Warehouse
June 27, 1986
#597
Mr. Ray Musten
Iowa Development Commission
6700 East Court Avenue j
Des Moines, Iowa 50309
Dear Ray:
I wanted to follow our most recent phone conversation up in writing
and provide a little more detail of what our plans are for future
growth and expansion in our Iowa City plant location. Since our
recent acquisition of the additional 33 feet from the Industrial
Development Council in Iowa City we are able to continue to expand
our plant and look for additional business and customers. With
sellingthat as a point, have two
omers
have shown agreatamount ofinterest in e
wanting to dotbusinessat
in the Iowa City area and we have been aggressively cultivating
that interest.
The combination of the two projects, Ray, would increase the following
two items:
1. Space: Construction in our plant would require an additional
12,000 square feet in the very near future and an additional
24,000 square feet to be added to the plant within the next
sox to eight approx.
ox$30.008$35800 par hs. Thcot Of hsquare ose dfoot ndepending s to the pupon
lant
would run app
the type of equipment, necking and refrigeration that we would
have to put inton of oth ecte'
millionj
2. Employment: We would generate approx. 30 to 35 new employees
to the existing rox- 15 tord r20ouse workforce new employees.and our new My estimateuof stomets
would employ app
the average yearly income would be in the $15,000 to $18,000
range.
Ray, I don't have to tell you about our past three years in Iowa
City being very exciting as for as new growth and attracting new
industry to this area. We have been and continue to be very excited
about the potential of our eastern Iowa location, as well as our
other two Iowa locations. We are constantly reminded that in order
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Mr. Ray Mus ten
June 27, 1986
Page 2
to be competitive in today's market, be capable of attracting industry
from other states and continue to assist our existing customers
in their growth, we must take advantage of the resources available
to us --whether it be on a city or state level.
As you research these opportunities for our company, any information
and additional programs that you can come up with will be extremely I
beneficial as we strive to maintain our position as a leader in
soliciting new business at our location in Iowa City.
Thank you for your time and cooperation in this matter. I look
forward to hearing from you in the near future.
S ff c--erre\\ly,
f
Timothy A. Jackes
President _
TAJ/eak
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cc: K. Teichmeier
L. Mulherin
A,
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ORDINANCE NO.
AN ORDINANCE GRANTING TO IOWA -ILLINOIS
GAS AND ELECTRIC COMPANY, ITS SUCCESSORS
AND ASSIGNS, THE RIGHT AND FRANCHISE TO
ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE
IN THE CITY OF IOWA CITY, A GAS PLANT
OR PLANTS FOR A PERIOD OF FIFTEEN YEARS
AND TO FURNISH AND SELL GAS FOR PUBLIC
AND PRIVATE USE IN THE CITY OF IOWA CITY AND
ELSEWHERE.
BE IT ENACTED by the City Council of the City of Iowa City:
Section I. There is hereby granted to Iowa -Illinois Gas and
Electric Company, an Illinois corporation authorized to do
business in the state of Iowa, hereinafter called the "Company",
and to its successors and assigns the non-exclusive right and
franchise to acquire, construct, erect, maintain and operate in
the City of Iowa City, a gas plant or plants for the production,
storage, transmission, distribution, sale, delivery or furnishing
Of gas, either natural or manufactured or mixed natural and
manufactured, including the right to to use the 'streets, avenues,
alleys and public grounds and bridges in the City of Iowa City
for the purpose of laying, constructing, maintaining, replacing
and substituting mains, pipes, conduits and other facilities for
the transmission, distribution, sale, delivery or furnishing of
gas for public and private use in the City of Iowa City and
elsewhere for a period of fifteen years from and after the
effective date of this ordinance, and to furnish and sell such
gas to said City and Its inhabitants_
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Section 2. The rights and privileges granted to the
Company, as franchisee under this franchise ordinance, and
including the Company's successor and assigns, are subject to:
(1) applicable provisions of the Iowa Code, including but
not limited to, Chapter 364 thereof:
(2) the Code of Ordinances of the City of Iowa City,
including but not limited to Chapter 31, Article II,
Excavations; Chapter 32, Subdivision Regulations;
Chapter 33, Article IV, Public Utilities Regulation;
Chapter 34, Vegetation; and Chapter 36; Zoning, and
(3) any other applicable statute or regulation promulgated
by Federal or State agencies under federal or state
laws;
all as said laws, codes, ordinances, statutes and regulations are
presently enacted. The Company acknowledges the validity of the
aforementioned laws, codes, ordinances, statutes and regulations
as they may exist as of the effective date of this ordinance,
provided however, that the Company reserves the right to
challenge or contest the,City's future interpretation or
application of any of said laws, codes, ordinances, statutes and
regulations. The City may make such lawful and reasonable
amendments to the provisions of the Code of Ordinances of the
City of Iowa City affecting or regulating the Company in its
operation of the gas utility, as the City deems necessary and
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proper. The franchise granted herein shall not restrict in any
manner the right of the City in the exercise of any power which
it now has or which may hereafter be authorized or permitted by
the laws of the State of Iowa.
Section 3. The Company shall have the right to excavate in
any public street for the purpose of laying, relaying, repairing
or extending gas pipes, mains, conduits and other facilities, but
all gas utility system components shall belaced
P and maintained
so as not to cause unnecessary obstruction of or unnecessary
interference with the construction or operation of any public
improvements or facilities located upon public property or public
right-of-way, including but not limited to streets, alleys,
sidewalks, traffic control devices, sanitary sewers, storm
sewers, storm drains, or water mains, which have been or may
hereafter be located by authority of the City, or of any other j
public utilities which are in place. All gas utility service
components placed above, upon, in or under public right-of-way
shall comply with the National Fuel Gas Code and the regulations
of the Iowa State Commerce Commission regarding construction and
clearance requirements.
Section 4. In making excavations in any streets, avenues,
alleys and public places for the installation of gas pipes,
conduits, or apparatus, the Company shall obtain a permit
therefore pursuant to Chapter 31 of the Municipal Code, shall not
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unnessarily obstruct the use of streets, avenues, alleys or
public places, shall provide the Public Works Director with 24
hours notice prior to the actual commencement of the work, and
shall comply with all provisions and requirements of Chapter 31
in performing such work. In emergencies which require immediate
excavation, the Company may proceed with the work without first
applying for or obtaining the permit, provided, however, that the
Company shall apply for and obtain the excavation permit as soon
as possible after commencing such emergency work.
Section 5, The Company shall defend at its own expense, in
the name and on behalf of the City, and shall indemnify and save
harmless the City from any and all claims, suits, losses,
damages, costs or expenses, whether caused or contributed to by
the active or passive negligence of the Company, or by the
passive negligence of the City, on account of injury or damage to
any person or property, caused or occasioned, or allegedly caused
or occasioned, in whole or in part, by reason of or arising out
of the construction, reconstruction, excavation, operation or
maintenance by the Company of the gas utilities authorized by
this franchise. However, the Company shall not be obligated to
defend, indemnify and save harmless the City for any costs or
damages arising from the negligence of the City, its officers,
employees or agents where the Company is not negligent in any
way. In situations where the damage was caused or contributed to
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by the active or passive negligence of the Company and the aCLive
negligence of the City, the principles of comparative negligence
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in effect in Iowa shall apply as between the Company and the
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City. The duty of the Company to defend, and save harmless and
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indemnify the City shall extend to officers, employees and agents
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of the City to the extent the City is obligated to defend,
save
harmless and indemnify by law.
Section 6. The Company, and its successors and assigns, is
authorized to extend its mains, pipes and appurtenances, to
expand its transmission and distribution systems, to
engage in
e
major repair work and to install new distribution and
transmission systems within the City, provided that such
work is
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done in accordance with the rules and regulations of the
Iowa
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State Commerce Commission, and provided further that City
approval of such work is first obtained pursuant to requirements
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and procedures set forth in Chapter 33, Article VI of the
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Municipal Code, Public Utilities Regulation, now in effect
or as
amended.
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Section 7. The said Company, its successors and assigns so
long as it shall operate under the terms of this franchise shall
furnish gas in sufficient quantities to supply the reasonable
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demands of said City and the inhabitants thereof and in
accordance with the Company's rules, regulations and conditions
of service as approved by the Iowa State Commerce Commission.
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Section 8. The Company, its successors and assigns, is
authorized to impose reasonable terms and conditions upon the
furnishing of gas service and reasonable rules and regulations in !
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the operation and conduct of its business.
Section 9. Upon approval of the City Council and after
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reasonable attempts to acquire by purchase, the Company shall
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have the power to condemn private property for the purpose of
providing gas service to the public and in a reasonable `
relationship to an overall plan of distributing gas energy within
the City. The Company must establish the necessity of each
taking of private property and, when so established, the City
Council may approve the condemnation of the private property by
resolution.
Section 10. The Company shall, at its cost and expense,
locate and relocate its installations in, on, over, or under any
public street in the City in such manner as the City may at any
time reasonably require for the purposes of facilitating the
construction, reconstruction, maintenance or repair of the street
or any public improvement of, in or about any such street or
alley or promoting the efficient operation of any such
improvement.
Section 11. This franchise shall apply to and bind the City
and the Company and their successors and assigns: provided that
any assignment by the Company shall be subject to the approval of
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the City Council by resolution, which approval shall not be
unreasonably withheld.
The City expressly reserves the right to terminate the
franchise granted herein if the Company breaches any of the
provisions of this franchise; provided, however, there shall be
no termination if the Company shall correct the breach within
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sixty (60) days written notice provided by the City to do so.
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The Company shall not be excused from complying with any of
the terms and conditions of this franchise by any failure of the
City to insist upon or seek compliance with any such terms or
conditions. Further, it is agreed that the subject matter of
this franchise is unique and may be enforced by specific
performance, at the City's option, since a remedy at law may be
inadequate.
Section 12. The Company shall, at all times during which
this franchise is in effect, maintain, administer and operate
such energy conservation program within the City, as may be
approved by the Iowa State Commerce Commission, which program
shall be designed and operated to promote the conservation and
j efficient use of gas energy by all utility customers within the
1 City.
Section 13. This Ordinance and the rights and privileges
herein granted are subject to the approval of a majority of the
electors of the City, voting at the next general or municipal
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election or at a special election called for that purpose. The
cost and expense of the election relating to the franchise
provided for herein shall be paid by Company.
Section 14. The Company, within 30 days after the approval
of this Ordinance by a vote of the people, shall file in the
office of the City Clerk its acceptance in writing of all the
terms and provisions of this Ordinance.
Section 15. This Ordinance shall become effective upon
passage by the City Council, approval of the voters as provided
in Section 13 hereof, acceptance by the Company as provided in
Section 14 hereof, and publication as required by law. Following
voter approval and acceptance of this Ordinance by the Company,
this Ordinance shall be published in the Iowa City Press Citizen.
The effective date of this Ordinance shall be the date of
publication.
Section 16. If any of the provisions of this franchise
ordinance are for any reason declared to be illegal or void, then
the lawful provisions of this franchise ordinance, which are
severable from said lawful provisions, shall be and remain in
full force and effect, the same as if the franchise ordinance
contained no illegal or void provisions. In the event any
provision or provisions are ruled illegal or void by a court of
competent jurisdiction, the City and the Company shall forthwith
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amend this franchise to insert a successor provision that
complies with the applicable court ruling.
Section 17. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
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PASSED AND APPROVED this day of 1986. -
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CITY OF IOWA CITY, IOWA
By
Mayor
ATTEST:
City Clerk
9.
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ived A App rve
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ORDINANCE NO.
AN ORDINANCE GRANTING TO IOWA -ILLINOIS
GAS AND ELECTRIC COMPANY, ITS SUCCESSORS
AND ASSIGNS, THE RIGHT AND FRANCHISE TO
ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND
OPERATE IN THE CITY OF IOWA CITY, AN
ELECTRIC LIGHT AND POWER SYSTEM FOR A
PERIOD OF FIFTEEN YEARS AND TO FURNISH
AND SELL ELECTRIC ENERGY TO SAID CITY
AND ITS INHABITANTS.
BE IT ENACTED by the City Council of the City of Iowa City:
Section 1. There is hereby granted to Iowa -Illinois Gas and
Electric Company, an Illinois corporation authorized to do
business in the state of Iowa, hereinafter called the "Company'$,
and its successors and assigns, the non-exclusive right and
franchise to acquire, construct, erect, maintain and operate in
the City of Iowa City, an electric light and power system
including the right to erect and maintain the necessary poles,
lines, wires, transmission lines, conduits and other appliances
for the transmission and distribution of electric energy along,
under and upon the streets, avenues, alleys and public places to
serve customers within and without said City of Iowa City, for a
period of fifteen years from and after the effective date of this
ordinance, and to furnish and sell electric energy to said City
and its inhabitants.
Section 2. The rights and privileges granted to the Company,
as franchisee under this franchise ordinance, and including the
Company's successor and assigns, are subject to:
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(1) applicable provisions of the Iowa Code, including but
not limited to, Chapter 364 thereof:
(2) the Code of ordinances of the City of Iowa City,
including but not limited to Chapter 31, Article II,
Excavations; Chapter 32, Subdivision Regulations;
Chapter 33, Article IV, public Utilities Regulation;
Chapter 34, Vegetation; and Chapter 36; Zoning, and
(3) any other applicable statute or regulation promulgated
by Federal or State agencies under federal or state
laws;
all as said laws, codes, ordinances, statutes and regulations are
presently enacted. The Company acknowledges the validity of the
aforementioned laws, codes, ordinances, statutes and regulations
as they may exist as of the effective date of this ordinance,
provided however, that the Company reserves the right to
challenge or contest the City's future interpretation or
application of any of said laws, codes, ordinances, statutes and
regulations. The City may make such lawful and reasonable
amendments to the provisions of the Code of Ordinances of the
City of Iowa City affecting or regulating the Company in its
operation of the electric utility, as the City deems necessary
and proper. The franchise granted herein shall not restrict in
any manner the right of the City in the exercise of any power
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which it now has or which may hereafter be authorized or
permitted by the laws of the State of Iowa.
Section 3. The Company shall have the right to erect,
construct, or install all necessary electric utility system
components, including but not limited to, posts, poles, towers,
conduits, fixtures, manholes, appliances and accessories and to
place thereon or therein the necessary wires for the transmission
and distribution of electric energy in and through said City, but
all electric utility system components shall be placed and
maintained so as not to cause unnecessary obstruction of or
unnecessary interference with the construction or operation of
any public improvements or facilities located upon public
property or public right-of-way, including but not limited to
streets, alleys, sidewalks, traffic control devices, sanitary
sewers, storm sewers, storm drains, or water mains, which have
been or may hereafter be located by authority of the City, or of
any other public utilities which are in place. All electric
utility system components placed above, upon, in or under public
right-of-way, and the wires placed thereon or therein, shall
comply with the National Electrical Safety Code and the
regulations of the Iowa State Commerce Commission regarding
construction and clearance requirements.
Section 4. The Company is authorized to make excavations in
City streets, avenues, alleys and public places for purposes of
3.
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9
routine repair, replacement, and maintenance of poles, wires,
conduits, lines or other electric utility system components. In
making such excavations, the Company shall obtain a permit
therefore pursuant to Chapter 31 of the Municipal Code, shall not
unnecessarily obstruct the use of streets, avenues, alleys or
public places, shall provide the Public Works Director with 24
hours notice prior to the actual commencement of the work, and
shall comply with all provisions and requirements of Chapter 31
in performing such work. In emergencies which require immediate
excavation, the Company may proceed with the work without first
applying for or obtaining the permit, provided, however, that the
Company shall apply for and obtain the excavation permit as soon
as possible after commencing such emergency work.
The Company is empowered and authorized to cut and trim in a
careful and prudent manner, at its expense, any trees extending
into any street, alley or public ground so as to prevent limbs or
branches from interfering with the Company's above -ground
transmission or distribution lines or facilities. The authority
or obligation of the Company shall not extend beyond trimming
trees sufficiently to clear its above -ground lines and
facilities. Cutting or trimming shall be performed in
residential street and alley areas in accordance with standards
to be established by the City Forester. The Company shall submit
to the City Forester on or before December 1, of each year, a
4.
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schedule of tree trimming that it intends to do in the
residential street and alley areas. Trimming or cutting which is
done on an emergency basis and which is not shown on the annual
trimming and cutting schedule shall be reported to the City
Forester within 7 calendar days following such trimming or
cutting.
Section 5. The Company shall defend at its own expense, in
the name and on behalf of the City, and shall indemnify and save
harmless the City from any and all claims, suits, losses,
damages, costs or expenses, whether caused or contributed to by
the active or passive negligence of the Company, or by the
passive negligence of the City, on account of injury or damage to
any person or property, caused or occasioned, or allegedly caused
or occasioned, in whole or in part, by reason of or arising out
of the construction, reconstruction, excavation, operation or
maintenance by the Company of the electric utilities authorized
by this franchise. However, the Company shall not be obligated
to defend, indemnify and save harmless the City for any costs or
damages arising from the negligence of the City, its officers,
employees or agents where the Company is not negligent in any
way. In situations where the damage was caused or contributed to
by the active or passive negligence of the Company and the active
negligence of the City, the principles of comparative negligence
in effect in Iowa shall apply as between the Company and the
5.
6.
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City. The duty of the Company to defend, and save harmless and
indemnify the City shall extend to officers, employees and agents
of the City to the extent the City is obligated to defend, save
S'
harmless and indemnify by law.
Section 6. The Company, and its successors and assigns, is �
authorized to its
k
extend lines, wires and conduits, to expand its
�
transmission and distribution systems, to engage in major repair
I
work and to install new distribution and transmission systems '
within the City, provided that such work is done in accordance i
with the rules and regulations of the Iowa State Commerce
M
i
Commission, and provided further that City approval of such work
is first obtained pursuant to requirements and procedures set
forth in Chapter 33, Article VI of the Municipal Code, Public
Utilities Regulation, now in effect or as amended.
Section 7. The said Company, its successors and assigns, so i
long as it shall operate under the terms of this franchise shall
furnish electric energy in sufficient quantities to supply the
reasonable demands of said City and the inhabitants thereof in
accordance with the Company's rules, regulations and conditions
of service as approved by the Iowa State Commerce Commission.
Section 8. The Company, its successors and assigns, is
authorized to impose reasonable terms and conditions upon the
furnishing of electric service and reasonable rules and
regulations in the operation and conduct of its business.
6.
T
Section 9. The City shall be privileged upon notice to the
Company, without charge, to make use of the poles, posts, towers,
and underground conduits of the Company for any City alarm, City
control, or City communication function to the extent that such
use shall not interfere with their use by the Company, but the
City shall hold the Company harmless from any and all causes of
action, litigation or damages arising through the placing of the
facilities of the City upon the Company's poles, posts or towers,
or in the Company's underground conduits.
Section 10. Upon approval of the City Council and after
reasonable attempts to acquire by purchase, the Company shall
have the power to condemn private property for the purpose of
providing electric service to the public and in a reasonable
relationship to an overall plan of distributing electrical energy
within the City. The Company must establish the necessity of
each taking of private property and, when so established, the
City Council may approve the condemnation of the private property
by resolution.
Section 11. The Company shall, at its cost and expense,
locate and relocate its installations in, on, over or under any
public street or alley in the City in such manner as the City may
at any time reasonably require for the purposes of facilitating
the construction, reconstruction, maintenance or repair of any
Public improvement of, in, or about any such street or alley, or
7.
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i
promoting the efficient operation of any such improvement. The
City may, upon a showing of good and reasonable cause, require
t
the Company to place or bury its electrical utility system �.
components underground in any underground service district
hereafter established by the City pursuant to the procedure set
forth in Chapter 33, Article VI of the Municipal Code, public
Utility Regulation. 1 ;'
t
Section 12. This franchise shall apply to and bind the City
and the Company and their successors and assigns; provided that j
any assignment by the Company shall be subject to the approval of !
'
the City Council by resolution, which approval shall not be
unreasonably withheld. 3
The City expressly reserves the right to terminate the i
franchise granted herein if the Company breaches any of the i
provisions of this franchise; provided, however, there shall be
I, no termination if the Company shall correct the breach within
sixty (60) days written notice provided by the City to do so.
The Company shall not be excused from complying with any of
the terms and conditions of this franchise by any failure of the
City to insist upon or seek compliance with any such terms or
conditions. Further, it is agreed that the•subject matter of
this franchise is unique and may be enforced by specific
performance, at the City's option, since a remedy at law may be
inadequate.
8.
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Section 13. The Company shall, at all times during which
this franchise is in effect, maintain, administer and operate
such energy conservation program within the City, as may be
approved by the Iowa State Commerce Commission, which program
shall be designed and operated to promote the conservation and j
efficient use of electrical energy by all utility customers }
within the City.
i
Section 14. In the event that the City should at any time
i
during the term of this franchise become a generator or producer
of electrical energy at a municipally -owned or operated facility, !
i
or at any other facility in agreement with any co -producers, the
Company shall, if requested by the City, enter into an agreement
i
to either purchase or wheel to City facilities the electric
energy produced from such qualifying generating facility, such
I
further agreement being subject to the approval of the Iowa State
Commerce Commission, and to applicable statutory requirements and
regulations. Nothing contained in the terms of this franchise
shall be construed to prevent the City from purchasing electrical
power for its facilities from sources other than the Company and
i to contract for same from these sources.
Section 15. This Ordinance and the rights and privileges
herein granted are subject to the approval of a majority of the
electors of the City voting at the next general or municipal
€� election or at a special election called for that purpose. The
i
9.
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V'
cost and expense of the election relating to the franchise
provided for herein shall be paid by the Company.
Section 16. The Company, within thirty (30) days after the
approval of this Ordinance by a vote of the people, shall file in
the office of the City Clerk its acceptance in writing of all
terms and provisions of this Ordinance.
Section 17. This Ordinance shall become effective upon
passage by the City Council, approval of the voters as provided
in Section 15 hereof; acceptance by the Company as provided in
Section 16 hereof; and publication as required by law. Following
voter approval and acceptance of this Ordinance by the Company,
this Ordinance shall be published in the Iowa City Press -Citizen.
The effective date of this Ordinance shall be the date of
publication.
Section 18. If any of the provisions of this franchise
ordinance are for any reason declared to be illegal or void, then
the lawful provisions of this franchise ordinance, which are
severable from said unlawful provisions, shall be and remain in
full force and effect, the same as if the franchise ordinance
contained no illegal or void provisions. In the event any
provision or provisions are ruled illegal or void by a court of
competent jurisdiction, the City and the Company shall forthwith
amend this franchise to insert a successor provision that
complies with the applicable court ruling.
10.
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Section 19. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
PASSED AND APPROVED this day of 1986.
CITY OF IOWA CITY, IOWA
By
ATTEST: Mayor
City Clerk
11.
/0;01 O
1
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 33 OF THE IOWA CITY MUNICIPAL CODE, UTILITIES,
BY ADDING THERETO A NEW ARTICLE, ARTICLE VI, TO BE ENTITLED "PUBLIC UTILITIES
REGULATION," CONSISTING OF SECTIONS 33-171 THROUGH 33-188, AND RELATING TO
THE REGULATION OF PUBLIC UTILITIES IN THE USE OF PUBLIC RIGHT-OF-WAY.
PREAMBLE:
WHEREAS, pursuant to Section 364.1 of the Iowa Code the City is authorized to
"exercise any power and perform any function it deems appropriate to protect
and preserve the rights, privileges and property of the city or of its
residents, and to preserve and improve the peace, safety, health, welfare,
comfort and convenience of its residents"; and
WHEREAS, pursuant to Section 364.2 of the Iowa Code the City is authorized to
regulate "the conditions required and the manner of use of the streets and
the public grounds of the city" by public utility franchisees; and
WHEREAS, this City Council has further been advised, and has found and
determined, that it would serve to preserve and improve the peace, safety,
health, welfare, comfort and convenience of Iowa City residents and to
protect and preserve city property by adoption of an ordinance regulating
public utilities' use of public right-of-way and public property, and
requiring approval of utility system expansions and extensions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
Section 1, That Chapter 33 of the Iowa City Municipal Code, "Utilities,"
be, and the same is hereby amended by adding thereto the
following new article, Article VI, to be entitled "Public
Utilities Regulation," consisting of Sections 33-171 through
33-172, to read as follows:
Chapter 33, Article VI
Public Utilities Regulation
Division 1. Title, Purpose and Definitions.
Section 33-171. Title. The ordinance codified in this chapter shall be
known as the "public utilities regulation ordinance."
Section 33-172. Purpose. The purpose of this chapter is (1 to regulate the
use of public right-of-way for the distribution of energy
and audio or visual communications by companies holding a
franchise granted by the City of Iowa City, Iowa, or
otherwise permitted to use public right-of-way to deliver a
product or service to the residents of .this city; and (2) to
regulate the location of utility system expansions and
extensions to promote comprehensive city planning.
Section 33-173. Definitions. For the purpose of this chapter the following
terms shall have the meanings herein ascribed to them except
where the context clearly requires otherwise:
/070
Ordinance No.
Page 2
I
(a) "Audio or visual communications" include radio and
television transmissions and telephonic conmunica-
tions.
(b) "Energy" means power supplied to customers either in
the form of gas or electricity.
( c) "Major repair work" means the repair or reconstruction
of a part of the utility system to the extent that part
of the system under repair involves one or more
complete city blocks.
(d) "Public utility company" or "company" means any person,
company or corporation utilizing the public
right-of-way to deliver energy or audio or visual
communications to the residents of the city and holding
a city franchise for that purpose.
(e) "Utility system" or "utility system components" means
and includes poles, overhead wires, underground
conduits, piping, manholes and other installations and
appliances necessary for the generation, transmission
or distribution of energy or audio or visual communica-
tions.
(f) "Electrical distribution system" means all electrical
system components designed or used for the distribution
of electric energy within the City, other than trans-
mission lines.
(g) "Electrical transmission system" means those electrical
system components which directly serve or support elec-
trical lines carrying thirty-four point five (34.5)
kilovolts or more of electric current.
(h) "Underground service district" means a defined area or
tract of land within which all public utility companies
are required to place utility system components below
the surface or grade of the right—of-way or private
property upon which said components are located or
through which they traverse.
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Ordinance No.
Page 3
Section 33-114. Reporting Requirements. The following information shall be
furnished by the Company to the City Clerk and filed in that
office within the times hereinafter set forth:
(a) Annual Report to Stockholders (within 30 days of
issuance).
(b) Annual report to applicable state and federal regula-
tory agencies (within 30 days of filing).
(c) 1OK-Annual Report (SEC) (within 30 days of filing).
(d) Copy of Company's current rate manual and all updates.
(e) Projections and plans for future transmission in the
city to be provided annually.
(f) Written notice to the City of any rate increase
requests applicable to the City or its inhabitants
filed by the Company before the Iowa State Commerce
Commission.
I
Ordinance No.
Page 4
Division 3. Management of Public Utility Use of Public Right -of -Way; Public
Utility Systems Planning.
Section 33-175. Maps and Projections. The Company shall furnish to the
Public Works Department current maps showing the location of
all existing underground utility system components in the
city streets and alleys and on private property. The
Company shall thereafter provide the City with updated maps
when same are updated by the Company for its use. The
Citys use of such maps shall be limited to City utility and
improvement planning purposes. In addition, the Company
shall furnish information and projections concerning all
planned or proposed utility system extensions or expansions,
major repair work projects and projects to install new
systems. Such information and projections shall be prepared
giving due consideration to the City's five year Capital
Improvement Plan, and shall be provided in comprehensive
form and with sufficient lead time to provide the City the
opportunity to conduct appropriate reviews.
Section 33-176. Extension or Expansion of UtilitySystem, Ma'
and Installation of New Systems. Before�an Majorblic Repair Work
company, now or hereafter operating or maintaining utility
distribution systems, commences any extension or expansion
Of its utility system, any major repair work or the instal-
lation of any new system in the City, there shall be filed
with the Public Works Department a written statement
specifying the streets, alleys, public places or private
property, or parts thereof, in which it proposes to extend,
expand, install or repair its utility system. The Director
of Public Works may require that the statement be accompa-
nied able
scale bshowingmap,
thelpropo edlan and slocationttofst the an utility system
components with reference to the streets and alleys and lot
lines, the size and dimensions of all utility system
components and the distance above or beneath the surface of
the ground it is proposed to repair or to lay the same. If
the proposed locations of any utility system components
shall interfere with the reasonable and proper use,
construction, reconstruction and maintenance of any public
improvements or other existing utility system component or
other structure upon or under the streets, alleys or public
places of the city, the Director of Public Works shall,
within a reasonable time after the filing of such plan, map
and specifications, note the necessary and proper changes to
eliminate all interference with public improvements or
existing utility system and refer the same back to the
Public utility company for correction. Such map, plan and
specifications, when properly changed and corrected, shall
be filed in the office of the Public Works Department, and
after the approval of the same by the Director of Public
Works, a permit shall be issued authorizing the company to
excavate in the streetsand alleys and to erect and
construct such utility system in accordance with said
/0?A 0
Ordinance No.
Page 5
corrected maps, plans and specifications. The permit issued
hereunder shall include any permit required pursuant to
Chapter 31 of the Municipal Code. No such excavation,
construction or erection shall be commenced before the
issuance of the permit herein provided for and all work
shall be in strict accordance with the said corrected maps,
plans and specifications.
tSection 33-177. Construction and Repair. In the process of location,
construction, reconstruction, replacement or repair of any
utility system component, the excavation oor r obstruction made
ic
or forcany�purposetby anysuch publiclley or utilityconpanyd at ytime
shall
be properly barricaded to protect the public and to assure
the safe and efficient movement of traffic, and all pavement
taken up or displaced shall be properly and speedily
replaced under the general supervision of the City. As a
condition to use of public right-of—way, every public
utility company (except those public utility companies
having a franchise by City ordinance) engaged in the making
Of such excavation or in the construction or erection of the
utility systems component or in the repair or replacement of
same, or having contracted for the work to be done, shall
pay all damages or injuries to persons or property, as well
as to the City, resulting from the negligent or improper
I' construction, erection or repair of such utility system or
the maintenance and use of the same, and shall fully
indemnify and save harmless the City from and against all
claims of every nature for damages to person or property
arising or resulting from negligent construction or
negligence in constructing or maintaining such utility
system components, or in the repair of the same or resulting
or arising from delay or failure to restore the street,
alley or public ground to its former condition, where
excavations have,been made, or resulting from a failure to
properly barricade such excavations. If the public utility
company fails to repair or arrange for the proper repair
With the City of any street, alley or public ground after
excavations have been made, and after five days' notice in
writing to do so, given to its local representative, then
I the City may make such repairs at the expense of such public
i util ity company.
Section 33-178. Excavations and Tree Trimming. In making any excavation in
a public street, avenue, alley or other public place, the
Company shall obtain a permit therefore pursuant to Chapter
31 of the Municipal Code, shall provide the Public Works
Department with 24 hours notice prior to the actual
commencement of the work, shall not unnecessarily obstruct
the use of such streets, avenues, alleys or public places,
and shall comply with all provisions of Chapter 31 in
performing such work. In emergencies which require immediate
excavation, the Company may proceed with the work without
first applying for or obtaining the permit, provided,
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Ordinance ilo.
Page 6
Section 33-179
however, that the Company shall apply for and obtain the
excavation permit as soon as possible after commencing such
emergency work.
A public utility company authorized to cut and trim trees
under the terms of its franchise must conduct such work in a
careful and prudent manner. The authority or obligation of
the company in this regard shall not extend beyond trimming
trees sufficiently to clear and prevent interference with
its above -ground transmission or distribution lines and
facilities. Cutting or trimming shall be performed in
residential street and alley areas in accordance with
standards to be established by the City Forester. The
Company shall submit to the City Forester on or before
December 1 of each year, a schedule of tree trimming that it
intends to do in the residential street and alley areas.
Trimming or cutting which is done on an emergency basis and
which is not shown on the annual trimming and cutting
schedule shall be reported to the City Forester within two
working days following such trimming or cutting.
Extension or Expansion of Electrical Utility Transmission
Systems and Installation of New Electrical Utility Transmis-
sion Systems. Before any public utility company, now or
hereafter operating or maintaining an electrical utility
system within Iowa City commences any extension or expansion
of its electrical utility transmission system in the City or
the installation of any new electrical utility transmission
system in the City, there shall be filed with the
Works Department, in Public
duplicate, a written statement
specifying the streets, alleys and public places, or private
property, or parts thereof, in which it proposes to extend,
expand, install or repair its utility system. The Director
of Public Works may require that the statement be accompa-
nied by maps, plans and specifications, in duplicate, drawn
to an acceptable scale, showing the proposed location of the
electrical utility system components with reference to the
streets and alleys and lot lines, the size and dimensions of
all utility system components and the distance above or
beneath the surface of the ground it is proposed to repair
or to lay the same. If the proposed locations of any
electrical utility system components shall interfere with
the reasonable and proper use, construction, reconstruction
and maintenance of any public improvements or other existing
utility system component or other structure upon or under
the streets, alleys or public places of the city, the
Director of Public Works shall, within a reasonable time
after the filing of such Plan, map and specifications, note
the necessary and proper changes to eliminate all interfer-
ence with public improvements or existing utility system and
refer the same back to the public utility company for
correction. Such map, plan and specifications, when
properly changed and corrected, shall be filed in the office
AQ.? 0
Ordinance No.
Page 7
of the Public Works Department, and a copy thereof, together
with the written statement, shall be forwarded to the
Planning and Zoning Commission.
Section 33-180. Standards and Criteria for Review of the Location of
Proposed Expansions or Extensions of Electrical Utility
Transmission Systems, or for Installation of New Electrical
Utility Transmission Systems.
(a) Review by Director of Public Works. In reviewing the
written statement and the maps, plans and specifica-
tions submitted by the electrical utility company
pursuant to Section 33-179 above, the Director of
Public Works shall determine the degree to which the
electrical utility company's proposal complies with the
standard set out in this paragraph and shall forward
findings and a recommendation thereon to the City
Council. All utility system components erected by an
electric utility company within the city shall be so
located as to cause minimum interference with public
improvements and other public utilities located in the
streets, alleys and other public ways and places and to
cause minimum interference with the rights or reason-
able convenience of property owners who adjoin any of
the said streets, alleys or other public. ways or
places.
(b) Review by Planning and Zoning Commission. In reviewing
the written report and the maps, plans and specifica-
tions submitted .by the electrical utility company
pursuant to Section 33-179 above, the Planning and
Zoning Commission shall review the electrical utility
company's proposal in light of the following planning
criteria, and shall report its findings and recommenda-
tions to the City Council.
(1) The relationship of the proposed project to
present and future economic development of the
area.
(2) The relationship of the proposed project to the
existing electric utility system and parallel
existing utility routes.
(3) The possible use of alternative routes.
(4) The relationship of the proposed project to the
present and future land use and zoning ordi-
nances.
(5) The inconvenience or damage which may result to
property owners as a result of the proposed
project.
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Ordinance No.
Page 8
(c) The City Engineer and the Planning and Zoning Commis-
sion shall be required to make their respective reports
and recommendations to the City Council within 60 days
of the company's final submission of its report, and
the accompanying maps, plans and specifications.
Section 33-181. Council Approval Required for the Expansion or Extension of
Electrical Utility Transmission Systems and for the
Installation of New Electrical Utility Transmission Systems.
Within 60 days of its receipt of the reports and recommenda-
tions of the Director of Public Works and the Planning and
Zoning Commission relative to the electrical utility
c onpanyIs proposal to expand or extend its electrical
Utility transmission system or to install a new electrical
utility transmission system, the City Council shall, by
resolution, either approve or disapprove said proposal based
on the standards and criteria stated in Section 33-180 above
and on the recommendations received. In the event that the
City Council disapproves said proposal, the resolution shall
reflect the reason or reasons for disapproval. If the City
Council fails to either approve or disapprove such proposal
within the said 60 -day period, the proposal shall be
considered to be approved.
Upon approval of the company's proposal as aforesaid, the
Director of Public Works shall issue a permit therefore and
the Company may proceed with the work. No person shall
perform any such work unless and until the required permit
has been issued. The permit issued hereunder shall include
any permit required pursuant to Chapter 31 of the Municipal
Code. No such excavation, construction or erection shall be
commenced before the issuance of the permit herein provided
for and all work shall be in strict accordance with the said
corrected maps, plans and specifications.
Section 33-182. Underground Service Required. In all new residential subdi-
companiesplatted
shall be equirededt in Iowa install City, public
distributioutility
systems underground in accordance with accepted engineering
practices. Gas utility distribution mains and lines, and
supply lines, except for certain control facilities, shall
be placed underground throughout the City in accordance with
accepted engineering practices. All above ground gas
shallfacilities
Und ergroundelectrlocated
icalservice tshall bh due regard
a installedfor spursuant
to the requirements of Chapter 339 Article III of this
Municipal Code. Underground telephone service shall be
installed pursuant to the requirements of Chapter 33,
Article IV of this Municipal Code.
/O?OR 40
Ordinance No.
Page 9
Section 33-183. Underground Service Districts Established.
Wi
(a) The City may, upon a showing of good and reasonable
cause, require the company to place or bury its utility
system components underground in any underground
service district hereafter established by the City
pursuant to this provision.
(b) The following described area(s) shall constitute the
underground service district(s):
(1) Downtown District: Madison Street north from Court
Street to Washington Street, Washington Street east to
Gilbert Street, Gilbert Street south to Burlington
Street, Burlington Street west to Linn Street, Linn
Street south to Court Street, and Court Street west to
Madison Street.
Section 33-184. Underground Service District Regulations.
(a) Before commencing the work of placing utility lines
underground, the Company shall file with the City a
written statement specifying the particular streets,
alleys and public highway, or parts thereof, in which
underground utilities are to be located, the approxi-
mate size of the lines, cables, and/or conduits
proposed to be used and the distance from the surface
of the street to the top of such lines, cables, and/or
conduits.
(b) The .statements required by subsection (a) of this
section shall be accompanied by a map, plan or specifi-
cations which shall show the proposed location of the
lines, cables and/or conduits with reference to the
streets, alleys and surface of the streets and the
approximate dimensions of the lines, cables, conduits
or manholes to be used therewith. The proposed
locations may be changed by the Department of Public
Works of the City if they shall in any way interfere
with other conduits, pipes or mains placed underground
by the City or by any other public utility.
(c) The statement, map, plan or specifications, altered as
provided for in subsection (b) of this section, after
being corrected or changed, together with the original
statement, shall remain on file in the office of the
Department of Public Works of the City. All under-
ground facilities shall be constructed in accordance
with the corrected statement, map, plan or specifica-
tions.
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Ordinance No.
Page 10
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(d) A permit to excavate in any street, alley or public
highway as provided in this Section shall be issued by
the Department of Public Works to construct underground
facilities as provided for in Chapter 31 of the
Municipal Code, when their location has been approved
by the Department of Public Works. All such excava-
tions shall be made in compliance with the requirements
of this Chapter and Chapter 31 of the Municipal Code.
(e) In planning underground ducts, the Company shall
include in the plans a conduit space in which the City
may place its City alarm, City control, or City
communication wires, free of charge. The Company shall
work with the City in the installation, repair and
removal of alarm, control, and communication wires in
the space allotted to the City.
(f) The above -ground extension of a utility line from an
underground conduit to a building or other location
within the underground service district must be
approved by the Department of Public Works of the City
prior to its installation.
(g) Any above ground facilities in an underground service
district shall be located with due regard for aesthet-
ics.
Section 33-185. Public Utility Company Contractors. The requirements of
this chapter shall apply fully to all persons, firms or
corporations performing work for a public utility company
under a contract or other type of work order.
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Ordinance No.
Page 11
Division 4. General Provisions.
Section 33-186. Conditions of Street Occupancy.
W,
(a) Use. All utility system components erected by a public
utility company within the city shall be so located as
to cause minimum interference with other public
utilities located in the streets, alleys and other
public ways and places, and to cause minimum interfer-
ence with the rights or reasonable convenience of
property owners who adjoin any of the said streets,
alleys or other public ways and places.
(b) Relocation. The Company shall, upon reasonable notice
and at its cost and expense, remove, locate and
relocate its utility system components in, on, over or
under any public right-of-way in the city in such
manner as the City may at any time require for the
purpose of facilitating the construction, reconstruc-
tion, maintenance, repair or change in grade of any
public improvement on, in or about any such public
( right-of-way, for the purpose of promoting the effi-
cient operation of any such improvement, or for the
purpose of facilitating the vacation and redevelopment
of public right-of-way by the City. In the event the
public utility company fails to act within the allotted
time,. the City may cause the utility distribution
systems to be relocated and the costs thereof shall be
assessed to the public utility company.
(c) Placement of Components. The public utility company
shall not place their utility system components in the
public right-of-way where the same will interfere with
the normal use or maintenance of any public improve-
ment, including but not limited to streets, alleys,
sidewalks, traffic control devices, sanitary sewers,
storm sewers, storm drains or water mains.
Section 33-187. Powers of City. Nothing in this chapter contained shall be
construed to abridge the right or power of the City to make
further regulations relative to the use of the streets,
alleys and public grounds by a public utility company using
j the same for the erection and maintenance of utility
{{{ systems.
Section 33-188. Penalty. Any persons willfully violating this chapter shall
be guilty of a misdemeanor and upon conviction thereof shall
be punished according to the provisions of Section 8 of
�• Ordinance No. 78-2918.
I' Section 2. Severability Clause. If any of the provisions of this Ordinance
are for any reason declared illegal or void, then the lawful
provisions of this Ordinance, which are severable from said
/,? OR 0
Ordinance No.
Page 12
unlawful provisions, shall be and remain in full force and
effect, the same as if the Ordinance contained no illegal or void
provisions.
Section 3. Repealer. All ordinances or parts of ordinances in conflict with
Me visions of this Ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall be in full force and effect
frau and after its final passage and publication as by law
provided.
Passed and approved this
ATTEST:
ITY CLERK
MAYOR
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Recommendations of the Resources Conservation Commission concerning the
proposed franchise agreements of July 1986.
1. There should be a buy out option after 5 and 10 years. (See Section
12 of September 1985 proposal and point 5 under "Discussion of the
Issues" of Mr. Timmins' letter of September 10, 1985.)
2. A* specific buy back price should be included in Section 14. (See
Section 14 of the September 1985 proposal and point 7(a) under "Dis-
cussion of the Issues" of Mr. Timmins' letter of September 10, 1985.)
If there are objections to including a price in the franchise, then a
separate contract could be written at the same time and approved or
disapproved as part of the same package.
3. Energy Conservation programs should be included in the franchise. (See
Section 13 and Section 33-177 of the September 1985 proposal.)
4. Overview functions should be included by way of a utilities commission
or an expanded Resources Conservation Commission. The definition and
duties should be included. (See Section 33-174 of the September 1985
version.)
5. Section 33-174 on the items to be placed in the Clerk's office should
include:
a. Notice of plans to either start or stop buying or wheeling power
where it affects Iowa City.
b. Copies of contracts with special users which provide power at
rates other than those in the rate manual .
c. A list of available energy conservation programs.
o L E
JUL 15 1986
MARIAN IITY LERK (1)
/07020
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NOTICE OF RIBLIC FEARING QV RAPS,
SPECIFICATIONS, FOPM OF CONTFFACT
AND ESTIMATED COST FOR
CLM RAMP INSTALLATION pMECT -SUMER 1986
IN TIE CITY OF IOWA CITY, IDNA
TO ALL TAXPAYEFS OF THE CITY OF IDA CITY, IOWAAND
TO UMPEWS INTERESTED:,
Public notice is hereby given that the City Com -
c" of of the City of IQs City, Iaa, will conduct a
Public hearing an plans, specifications, form of
contract and estimated cost for the construction of
Curb Rerp Installation Project - Sumer 1986 in said
City at 7:30 p.m. on the 15th day of July, 1986,
said meeting to be held in the Council Owbers in
the Civic Center in said city.
Said plans, specifications, form of contract and
estimated cost are now on file in the office of the
City Clair in the Civic Center in Iowa City, IQs,
and may be inspected by any Persons interested.
Aly Parsons interested may appear at said meeting
of the City Council for the purpose of making objec-
tions to said plans, specifications, contract or the
cost of making said improvement.
This notice is given by order of the City Council
of the City of I" City, IQa.
MARIAN KW, CITY CLEW
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